Purchasing

Violation/Penalties

Purchasing Violations:

What is a purchasing violation?
Section 31-7-57 of the MS Code states that when an employee receives goods or services without a purchase order, the agency has no liability for the bill. The employee is held personally liable.

A purchasing violation is committed when an employee receives goods or services without a purchase order

A purchasing violation is when an office prepares intentionally two or more office requisitions to the same vendor when one order combined is greater than $1,500. This is done to avoid getting written quotes/sealed bids. This is called splitting a purchase order.

A violation is when an employee personally utilizes a rebate, gift or prize given to the agency by a vendor.

PLEASE NOTE: When any employee orders or receives goods/services in the name of the Department of Education before requesting a purchase order, the employee will be held personally liable for the bill. Do not send the requisition and invoice to Accounting.

UNALLOWABLE AGENCY PURCHASES

Individual membership to professional organizations

Individual Chamber of Commerce membership

Individual personalization of planners, portfolios or briefcases

Certificates to state employees, public officials or board members

Plaques to state employees, public officials or board members

Awards to state employees, public officials or board members

PENALTIES FOR PURCHASING VIOLATIONS

Reprimands

Loss of Job

Fines

Imprisonment

Repayment of misspent funds

Vendor will re-bill order to the individual

Sole Source Justification:
The sole source justification letter should include the following information:

What will the product be used for?

Is it compatible with existing equipment?

Will the product be used for testing or trial use only?

Do other companies make similiar products that are acceptable?

How is the product special or unique?

What can this product do that other products cannot do?

Is there a copyright or patent on this product?

Is the manufacturer the only distributor?

Does the manufacturer only sell to specific distributors instead of direct sales?